Text of Senate Amendment 6211

On 2026-06-24, Senator David McCormick (R-PA) delivered a floor speech titled "Text Of Senate Amendment 6211" in the Senate.

Text of Senate Amendment 6211

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3385-S3386] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6211. Mr. McCORMICK (for himself, Mr. Wyden, Mr. Cotton, and Mr. Banks) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of title XII, add the following: Subtitle F--Remote Access Security Act SEC. 1271. SHORT TITLE. This subtitle may be cited as the ``Remote Access Security Act''. SEC. 1272. CONTROL OF REMOTE ACCESS TO CERTAIN ITEMS. (a) Definitions.--Section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801) is amended-- (1) by redesignating paragraphs (6), (7), (8), (9), (10), (11), (12), (13), and (14) as paragraphs (7), (8), (9), (10), (12), (13), (14), (15), and (16), respectively; (2) by inserting after paragraph (5) the following: ``(6) Foreign person of concern.--The term `foreign person of concern' means-- ``(A) the government of-- ``(i) a country specified in section 4872(d)(2) of title 10, United States Code; or ``(ii) any region within such a country, including the Macau Special Administrative Region and the Hong Kong Special Administrative Region of the People's Republic of China; ``(B) an entity located or headquartered in, or the ultimate parent company of which is headquartered in, such a country or region; or ``(C) a person on the Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations.''; and (3) by inserting after paragraph (10), as redesignated, the following: ``(11) Remote access.--The term `remote access' means access to an item subject to the jurisdiction of the United States and included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations from a location other than where the item is physically located.''. (b) Statement of Policy.--Section 1752(2) of the Export Control Reform Act of 2018 (50 U.S.C. 4811(2)) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``provision of remote access to specific items,'' after ``transfer of items,''; and (2) in subparagraph (A) in the matter preceding clause (i), by inserting ``, or provision of remote access to,'' after ``release of''. (c) Authority to Control Remote Access to Certain Advanced Integrated Circuits.--Section 1753 of the Export Control Reform Act of 2018 (50 U.S.C. 4812) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``; and'' and inserting a semicolon; (B) in paragraph (2)(F), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) the provision to foreign persons of concern of remote access to items in accordance with subsection (c).''; (2) in subsection (b)-- (A) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and (B) by inserting after paragraph (2) the following: ``(3) regulate the provision to foreign persons of concern of remote access to items in accordance with subsection (c);''; (3) by redesignating subsection (c) as subsection (d); (4) by inserting after subsection (b) the following: ``(c) Controls on Remote Access to Certain Items.-- ``(1) In general.--The President may regulate the provision of remote access only if-- ``(A) the remote access is provided to a foreign person of concern; ``(B) the foreign person of concern accesses, or would access, the item from a location outside the United States; and ``(C) the remote access is provided-- ``(i) through a cloud infrastructure service (defined as `Infrastructure as a Service' by the National Institute of Standards and Technology in Special Publication 800-145 (or any successor publication)) to items consisting of a collection of advanced computing integrated circuit products that are allocated to a single cloud infrastructure service customer that is interconnected so as to enable coordinated frontier model training, and provide an aggregate total processing performance, as defined and calculated under Export Control Classification Number 3A090 in the Commerce Control List, exceeding a technical standard determined by the Secretary pursuant to paragraph (3); ``(ii) to a software item that the Secretary determines poses a serious risk to the national security or foreign policy of the United States because the software is primarily designed for-- ``(I) offensive cyberspace operations (as defined by Committee on National Security Systems (CNSS) 4009); or ``(II) conducting surveillance by the use of-- ``(aa) spyware (as defined in section 1102A of the National Security Act of 1947 (50 U.S.C. 3232a(a))); ``(bb) location tracking technology designed to collect, derive, or analyze precise geolocation information (as defined in section 2(c)(6) of the Protecting Americans' Data from Foreign Adversaries Act of 2024 (15 U.S.C. 9901(c)(6)); or ``(cc) automated recognition of individuals based on their biological or behavioral characteristics (defined as `biometrics' by the National Institute of Standards and Technology in Special Publication 800-63 (or any successor publication)); or ``(iii) to an item for any other purpose established by the Secretary pursuant to paragraph (3). ``(2) Advisory committee.--The Secretary shall establish an advisory committee composed of representatives from industry and the Federal Government representing various points of view, which shall include representatives of United States- headquartered cloud infrastructure service providers, semiconductor manufacturers, and frontier artificial intelligence laboratories, to advise the Under Secretary of Commerce for Industry and Security on controls under the Export Administration Regulations. ``(3) Technical standard; adjustment of purposes.--The Secretary, after receiving the advice of the advisory committee established under paragraph (2)-- ``(A) shall establish the technical standard for aggregate total processing performance described in clause (i) of paragraph (1)(C) and may adjust that standard as necessary to maintain its relevance to current technological advancement; and ``(B) shall evaluate and may adjust as necessary the software and purposes covered by clauses (ii) and (iii) of that paragraph. ``(4) Rule of construction.--Nothing in this subsection shall be construed to require a license for the provision of cloud infrastructure services that do not meet the technical standard determined by the Secretary pursuant to paragraph (3).''; (5) in subsection (d), as so redesignated-- (A) by inserting ``, or provision of remote access to,'' after ``in-country transfer of''; (B) by striking ``subsections (b)(1) or (b)(2)'' and inserting ``paragraphs (1), (2), and (3) of subsection (b), as applicable,''; and (C) by striking ``or in-country transfer occurs'' and inserting ``in-country transfer, or provision of remote access occurs''. (d) License Requirement.--Section 1754(d)(1)(B) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(d)(1)(B)) is amended by inserting ``, including the provision of remote access to items in accordance with subsection 1753(c),'' after ``other activities.''. (e) Conforming Amendments.--The Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) is amended-- (1) in section 1754 (50 U.S.C. 4813)-- (A) in subsection (a)-- (i) in paragraph (3), by inserting ``, and provision of remote access (in accordance with subsection 1753(c)) to,'' after ``in-country transfers of''; (ii) in paragraph (5), in the matter preceding subparagraph (A), by inserting ``, and provision of remote access (in accordance with subsection 1753(c)) to,'' after ``in-country transfers of''; (iii) in paragraph (15), by striking ``to export'' and inserting ``for export or provision of remote access''; (B) in subsection (b), by inserting ``, or provision of remote access to,'' after ``in-country transfer of''; and (C) in subsection (c)-- (i) in paragraph (1)(A)-- (I) in the matter preceding clause (i), by inserting ``, or provision of remote access (in accordance with subsection 1753(c)) to,'' after ``in-country transfer of''; and (II) in clause (ii), by inserting ``, or provision of remote access to,'' after ``in-country transfer of''; and (ii) in paragraph (2)(B)-- (I) in clause (i)-- (aa) by inserting ``or to which remote access would be provided'' after ``to be offered''; and (bb) by striking ``a license to export, reexport, or in- country transfer the items is sought'' and inserting ``a license under paragraph (1) is sought''; (II) in clause (ii), by striking ``the export, reexport, or in-country transfer is proposed to be made has requested the items under the export, reexport, or in-country transfer'' and inserting ``the export, reexport, in-country transfer, or provision of remote access is proposed to be made has requested the items or remote access to the items''; (III) in clause (iii), by striking ``or in-country transfer'' and inserting ``in-country transfer, or provision of remote access''; (IV) in clause (iv)-- [[Page S3386]] (aa) by striking ``or in-country transfer'' and inserting ``in-country transfer, or provision of remote access''; and (bb) by inserting ``or such remote access would be provided'' after ``made''; (V) in clause (v)-- (aa) by striking ``or in-country transfer would'' and inserting ``in-country transfer, or provision of remote access would''; and (bb) by striking ``the subject of such export, reexport, or in-country transfer would be delivered'' and inserting ``the subject of the request for a license under paragra